Devi Prasad Singh, J. - (1.) THE petitioner, who claims to be a media person and public spirited citizen while approaching this Court under Article 226 of the Constitution of India, drew the attention of the Court towards the highest degree of corruption prevailing in the State of U.P. whereby the foodgrains meant for B.P.L card holders, Antyodaya Scheme, Jawahar Rozgar Yojna, mid -day meaIn Express Newspapers Pvt. Limited v. Union of India, AIR 1958 SC 578l etc. meant for poors and downtrodden have been smuggled not only out side the State but exported to outside country.
(2.) THE factual matrix of the case and the material brought on record by the investigating agencies are not only startling but shows the alarming situation whereby the administration has been failed, to ensure the disbursement of foodgrains to the poor and downtrodden under various schemes. The plight of the case is that when C.B.I. in some cases approached the State authorities for grant of statutory sanction, the same has been kept pending since months to come. Substantial question of law of public importance involved is: (1) Whether it is necessary to obtain prior sanction under Section 19 of the Prevention of Corruption Act, 1988 (in short, Act), read with Section 197 of the CrPC for prosecution in each and every case without any exception - (2) Even if a public servant do something with blatant abuse of power intentionally, deliberately in a planned manner, whether he/she shall be entitled for protection of Section 19 of the Act read with Section 197 of the CrP.C The Government of India under its various schemes allocate foodgrains for distribution to labourers and persons below poverty line at subsidized rates. Such persons are provided cards, commonly called B.P.L., A.PL. etc. In some cases, State of U.P. allocate foodgrains for distribution among such card holders as well as to supply the same under 'Mid -Day Meal Scheme' to provide lunch to the students of lower classes in terms of directions, issued by the Hon'ble supreme Court and consequential circular issued from time to time and Jawahar Rozgar Yojana.
(3.) AFTER receipt of information with regard to sale of foodgrains in open market as well as transportation to Nepal, Bangladesh, other countries as well as other States of India, the petitioner filed a writ petition No. 122(M/B) of 2005 with the prayer that the foodgrains meant for B.P.L., A.P.L. cardholders have been sold in open market as well as exported to outside country right from 2003 to 2007, in short "foodgrain scam", hence, the matter may be investigated by the C.B.I. During the course of hearing, a statement was made by the State Government that it has referred the matter to the Central Bureau of Investigation for investigation with regard to foodgrains scam vide its order dated 19.12.2007. In view of the statement given writ petition No. 122(M/B) of 2005 was decided finally vide judgment and order dated 19.12.2007(Annexure No. 1). The Division Bench of this Court took note of the fact that the allegation is serious one and the foodgrains meant for various beneficial Government schemes, such as Jawahar Rozgar Guarantee Yojna, Mid -Day Meal and Antyodaya Scheme etc have been transported to unforeseen destination. The State Government obtained the "fact finding report" from it special Investigation Team (SIT) marked as P -3/2007 which prima facie recorded a finding that the foodgrains in 2002 - 2003,2003 -2004,2004 -2005,2005 -2006 and 2006 -2007, meant for B.P.L..A.P.L. and Jawahar Rozgar Yojna etc have been sold in open market or transported to outside country. It shall be appropriate to reproduce relevant portion from the judgment and order dated 19.12.2007, passed by the Division Bench of this Court (supra) which is as under: "5. Based on this notification, the State Government moved an application that the parties of the writ petitions are satisfied and the writ petitions, therefore, be dismissed. When the matter was heard by this Court on the last date, Mr. Singh pointed out that the Government notification is for the period from March, 2004 to October, 2005 only and that the earlier period starting from 2002 - 2003 onwards was left out. We had asked Mr. Arora to take instructions on this aspect. Mr. Arora has drawn our attention to pages 31 and 52 of the report made by S.l.T. The report does show that during the earlier period too the diversion of food grains was very scanty. In fact, the report shows that no Railway wagon was used to divert the food grains during the years 2002 -2003 and 2003 -2004 itself, therefore, the State Government has confined its order to the period from March, 2004 to October, 2005. Mr. Arora, however, points out that in case further offence(s) or conspiracy is found in connection with the said offence(s) committed in course of the same transaction or arising out of same fact or facts in relation to the aforesaid case, the State Government shall take appropriate action in the matter. In view of the explanation given by Mr. Arora, we do not find any reason to direct the State Government to refer the scam for the investigation to the C.B.I, for further period. 6. The second objection of Mr. Singh was that it may happen that the Central Government may not accept the reference and even if it accepts, it may take its time to take further steps. Mr. Awasthi and Mr. Arora are present in the Court. It is the State Government which on their own consent directed the investigation to be handed over to C.B.I. Considering the Central Scheme wherein number of officers were involved in different organisation all over U.P., it is desirable that the C.B.I, will have to take investigation as consented by the State Government. 7.We expect the C.B.I, to take necessary steps under its powers that are available under Section 6 of the Delhi Special Police Establishment Act, 1946. We also note that under Section 173(8) of Cr.P.C, any further investigation, if required, could also be done by the investigating agency and should also take all necessary steps. 8. Both the writ petitions stand disposed of accordingly. However, in view of the order passed above, the learned Standing Counsel will see to it that the necessary records may be transmitted to the concerned agency at the earliest. The report made by S.l.T. will also be forwarded to the C.B.I. The copy of the report, which was tendered in the Court is returned to Mr. Arora." ;